S.K.Dhaon, J. - (1.) THE petitioner, an allottee of a house no- 103, MIG Govindpur Avas Vikas Colony, Allahabad (hereinafter referred to as the accommodation in dispute) approached this court with the grievance that she had been forcibly dispossessed from the same by the Allahabad Development Authority, (hereinafter referred to as the Authority) and J. B. Singh, the respondent no. 5.'
(2.) A counter-affidavit has been filed on behalf of the Authority by its Joint Secretary. The Standing Counsel represents the Station House Officer, the respondent no. A but no counter-affidavit has been filed on his behalf. A counter-affidavit has been filed by J. B. Singh. Rejoinder- affidavits have been filed by the petitioner. The petition has not been formally admitted as yet. However, it is ripe for hearing. With the consent of the counsel lor the parties, we have heard this petition with a view to dispose it of finally and we are doing so. The material facts, which have "emerged after the exchange of the . affidavits, are these. The petitioner was allotted the accommodation in dispute by the Authority She did not pay the instalments. The Authority by a notice dated 24th May. 1988. called upon her to pay up a sum of Rs. 29,680/- towards the arrears of instalments failing which the allotment was to be cancelled Neither any payment was made nor the allotment was cancelled. Therefore, there was a lull. On 12th April, 1990, a notice no. 66/90-91 (hereinafter referred to as the first notice) was sent to her by the Authority under registered post at her Mumfordganj, Allahabad address. This notice required her to pay up a sum of Rs. 49,184-00 plus interest thereon within a period of fifteen days from its receipt by her failing which, in accordance with agreement, steps were to be taken for the realisation of the arrears, for the cancellation of the order of allotment and for her eviction' from the accommodation in dispute.- A similar notice was sent by the Authority under registered post to the petitioner at her Govindpur Allahabad address on 19th April, 1990. This notice shall be hereinafter called the second notice. Upon an application made by J B. Singh on 3rd May, 1990, the Authority allotted the accommodation in dispute to him on the same day. He was required to deposit a sum of Rs. 5,000/- on the same date and a further sum of Rs. 16,500/- had to be deposited by him within fifteen days from that date. On 4th May, 1990, the Joint Secretary of the Authority informed the Senior Superintendent of Police, Allahabad, about the allotment in favour of J. B. Singh and requested him to lend police force to J.B. Singh to enable him to take possession . on 5th March, 1990. On 5th May, 1990, a certificate of possession was handed over to J. B. Singh by and on behalf of the Authority. On 7th May, 1990 Sri V. D. Ojha, an Advocate of this court, was appointed as a Commissioner with a direction to visit the spot and give his report as to which party was in actual possession of the accommodation in dispute. On May 7/8, 19.90, Sri Ojha submitted his report. According to this report J. B. Singh was not effectively residing in the accommodation in dispute, but he had kept some articles therein.
(3.) THE focus is on the order dated 2nd May, 1990, cancelling the allotment of the petitioner (hereinafter referred to as the (impugned order). THE order of allotment dated 3rd May, 1990, in favour of J. B. Singh is consequent to the impugned order. According to the impugned orders the order allotting the accommodation in dispute to the petitioner had been cancelled as she failed to comply with the notice dated 24th April, 1990. On a perusal of the relevant record, as placed by Sri Ashok Mohiley, learned counsel for the Authority, we are satisfied that in the impugned order 24th April, 1990, had been inadvertantly typed out instead of 12th April, 1990. Indisputably before the passing of the impugned order, the petitioner neither paid off the amount as mentioned in the two notice nor did she put in appearance before the Authority.;